S.B. 303
- *SB303*
SENATE BILL NO. 303–COMMITTEE ON JUDICIARY
MARCH 10, 2025
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Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to civil liability to
persons using certain premises for recreational
activity under certain circumstances. (BDR 3-1021)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to civil liability; revising provisions relating to
civil liability to persons using certain premises for
recreational activity under certain circumstances; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that, with certain exceptions, an owner of any estate or 1
interest in any premises, or a lessee or an occupant of any premises, owes no duty 2
to: (1) keep the premises safe for entry or use by others for participating in any 3
recreational activity; or (2) give warning of any hazardous condition, activity or use 4
of any structure on the premises to persons entering to participate in recreational 5
activity. Existing law also provides that if an owner, lessee or occupant of premises 6
gives permission to another person to participate in recreational activities upon 7
those premises: (1) the owner, lessee or occupant does not assure that the premises 8
are safe for that purpose or assume responsibility for or incur liability for any injury 9
to person or property caused by any act of persons to whom the permission is 10
granted; and (2) the person using the premises does not acquire any property rights 11
in or rights of easement to the premises. (NRS 41.510) 12
This bill: (1) provides that the law regarding this limitation on liability may be 13
known and cited as the Recreational Use of Land Statute; and (2) provides a 14
declaration of legislative intent regarding the purpose of the Recreational Use of 15
Land Statute. This bill also revises the applicability of this limitation on liability by 16
specifically providing that the limitation on liability: (1) does not limit the liability 17
which would otherwise exist for injury caused by any act of an occupant of the 18
premises who receives compensation from the owner or lessee of the premises to 19
maintain, develop or improve the premises or any portion thereof; and (2) does not 20
apply to residential common areas or urban public infrastructure. 21
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 41.510 is hereby amended to read as follows: 1
41.510 1. This section may be known and cited as the 2
Recreational Use of Land Statute. The Legislature hereby finds 3
and declares that the purpose of this section is to encourage 4
owners of rural, semi-rural or nonresidential land to make their 5
land available for free to members of the public to engage in 6
recreational activity by limiting the liability of the owners of such 7
land to members of the public who enter onto the land to engage 8
in such recreational activity. 9
2. Except as otherwise provided in subsection [3,] 4, an owner 10
of any estate or interest in any premises, or a lessee or an occupant 11
of any premises, owes no duty to keep the premises safe for entry or 12
use by others for participating in any recreational activity, or to give 13
warning of any hazardous condition, activity or use of any structure 14
on the premises to persons entering for those purposes. 15
[2.] 3. Except as otherwise provided in subsection [3,] 4, if an 16
owner, lessee or occupant of premises gives permission to another 17
person to participate in recreational activities upon those premises: 18
(a) The owner, lessee or occupant does not thereby extend any 19
assurance that the premises are safe for that purpose or assume 20
responsibility for or incur liability for any injury to person or 21
property caused by any act of persons to whom the permission is 22
granted. 23
(b) That person does not thereby acquire any property rights in 24
or rights of easement to the premises. 25
[3.] 4. This section does not: 26
(a) Limit the liability which would otherwise exist for: 27
(1) Willful or malicious failure to guard, or to warn against, a 28
dangerous condition, use, structure or activity. 29
(2) Injury suffered in any case where permission to 30
participate in recreational activities was granted for a consideration 31
other than the consideration, if any, paid to the landowner by the 32
State or any subdivision thereof. For the purposes of this 33
subparagraph, the price paid for a game tag sold pursuant to NRS 34
502.145 by an owner, lessee or manager of the premises shall not be 35
deemed consideration given for permission to hunt on the premises. 36
(3) Injury caused by acts of persons to whom permission to 37
participate in recreational activities was granted, to other persons as 38
to whom the person granting permission, or the owner, lessee or 39
occupant of the premises, owed a duty to keep the premises safe or 40
to warn of danger. 41
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(4) Injury caused by any act of an occupant of the premises 1
who receives compensation from the owner or lessee of the 2
premises to maintain, develop or improve the premises or any 3
portion thereof. 4
(b) Create a duty of care or ground of liability for injury to 5
person or property. 6
(c) Apply to: 7
(1) Residential common areas; or 8
(2) Urban public infrastructure. 9
[4.] 5. As used in this section [, “recreational] : 10
(a) “Recreational activity” [includes, but is not limited to: 11
(a)] means: 12
(1) Hunting, fishing or trapping; 13
[(b)] (2) Camping, hiking or picnicking; 14
[(c)] (3) Sightseeing or viewing or enjoying archaeological, 15
scenic, natural or scientific sites; 16
[(d)] (4) Hang gliding or paragliding; 17
[(e)] (5) Spelunking; 18
[(f)] (6) Collecting rocks; 19
[(g)] (7) Participation in winter sports, including cross-country 20
skiing, snowshoeing or riding a snowmobile, or water sports; 21
[(h)] (8) Riding animals, riding in vehicles or riding a road, 22
mountain or electric bicycle; 23
[(i)] (9) Studying nature; 24
[(j)] (10) Gleaning; 25
[(k)] (11) Recreational gardening; and 26
[(l)] (12) Crossing over to public land or land dedicated for 27
public use. 28
“Recreational activity” does not include utilitarian activities in 29
which a person engages primarily for the purpose of 30
transportation, such as walking, cycling or using other physical or 31
mechanical means of transportation, for the purpose of daily 32
living or for the purpose of employment or work-related activities, 33
such as the delivery of food or other items. 34
(b) “Residential common areas” means premises which are 35
located within an urban private community, such as a common-36
interest community or another private residential neighborhood, 37
and which are primarily intended for the general use of residents 38
of the urban private community. The term includes, without 39
limitation, sidewalks, paths, crosswalks, walkways, parks, exercise 40
areas, playgrounds and play areas. 41
(c) “Urban public infrastructure” means premises which are 42
located in an area that is primarily urban and not primarily rural, 43
semi-rural or nonresidential, which are supported, in whole or 44
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part, by any public funds, and which have been improved 1
primarily for the purpose of: 2
(1) Allowing persons to participate in recreational activity 3
on the premises; 4
(2) Allowing persons who are, were or will be participating 5
in recreational activity on other premises to access such other 6
premises to participate in recreational activity; or 7
(3) Transportation, daily living or employment or work-8
related activities. 9
“Urban public infrastructure” includes, without limitation, 10
improved urban playgrounds, play areas, parks, exercise areas, 11
sidewalks, roads, paths, walkways, bike lanes and other improved 12
urban premises used primarily for recreational activity, for 13
accessing premises used primarily for recreational activity or for 14
transportation, daily living or employment or work-related 15
activities. 16
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